Planning Committee 3 March 2004

Report of Head of Planning, Transportation and Regeneration Author/Contact Officer: Gareth Jones Principal Planning Officer Tel: 01604 838916

Planning Application N/2003/1660 Erection of 106no two and three storey dwellings with associated garages, roads, sewers and ancillary works Former Ventolite site, Kettering Road North, Boothville

Recommendation

That the application be **REFUSED** for the following reasons:

1. The proposal would result in the loss of a well located, large and significant part of an Existing Business Area to a non-business use in conflict with the Council's business land and housing land strategies contrary to Policies B2 B14 and B15 of the Northampton Local Plan.

2. The applicant has failed to demonstrate that the development could incorporate adequate ventilation and attenuation of noise from nearby business uses and road traffic to ensure an adequate standard of residential environment for the future residents contrary to Policies E21, H7 and H13 of the Northampton Local Plan and the aims and objectives of PPG24 – Planning and Noise.

3. The applicant has failed to demonstrate that the development would not increase the risk of flooding to people and property contrary to Policy AR8 of the Northamptonshire County Structure Plan and the aims and objectives of the Council’s Supplementary Planning Guidance: Development and Flooding and PPG25: Development and Flood Risk.

Continued… Recommended refusal reasons continued…

(4) The proposed development, by reason of the current absence of evening and weekend public transport in the vicinity of the site combined with the site's distance from a recognised District or Town Centre, would lead to increased reliance on the private car and would not promote alternative forms of transport in conflict with the Northamptonshire Local Transport Plan. The proposal is, therefore, contrary to Policies GS3, GS6, T3 and T6 of the Northamptonshire County Structure Plan and the aims and objectives of PPG1, PPG13 and the Council's SPG Securing Enhanced Levels of Public Transport in Association with new development.

(5) The proposed development includes an insufficient amount and quality of amenity space associated the proposed apartments to ensure an adequate standard of residential environment for the future occupants contrary to Policies H7, H14 and L5 of the Northampton Local Plan.

1. **Background and Proposals**

1.1. The site is located on the northern side of Kettering Road North close to its junction with Booth Lane North to the east. The southern side of Kettering Road is predominantly residential in character and a small portion of the eastern boundary abuts residential property. Notwithstanding this, the site is primarily surrounded by business uses including Kappa packaging to the north, an electricity sub-station to the north-west, and Travis Perkins builders’ merchants and Van Vliet flower wholesalers to the west.

1.2. Roughly a quarter of the site is in use for the purposes of car repair and recovery, whilst the remainder is currently vacant. The application site, which measures some 1.66ha in area, and the land to the north and east form part of an Existing Business Area as identified in the Local Plan.

1.3. It is proposed to develop the site for residential purposes comprising the following principle elements:

- 67 two bed apartments in two and three storey blocks;
- 39 two and three bed two and three storey houses;
- Communal car parking areas for the apartments; and
- Two cul-de-sacs accessed via new road junction with Kettering Road North. A private driveway to provide access to three blocks of flats is also proposed from Kettering Road North.

2. **Planning Policies**

**Development Plan**

2.1. Section 54A of the Town and Country Planning Act 1990 requires an application to be determined in accordance with the Development Plan unless material considerations indicate otherwise. The current Development Plan comprises the Northamptonshire County Structure Plan and the Northampton Local Plan.

2.2. The **Northamptonshire County Structure Plan (1996-2016)** was adopted in March 2001. Relevant policies are:

- GS2 – Best use of brownfield land within urban area
- GS3 – Land use and transportation
- GS5 – Design
- GS6 - Infrastructure, facilities and services
- H6 – Housing density
- H7 - Housing types and sizes
- IC1 – Provision of industrial & commercial development
- T3 – Transportation requirements
- T6 - Provision for the bus
- T8 – Walking and cycling
- T10 – Parking for housing
- AR8 – Flood protection

2.3. The **Northampton Local Plan** was adopted in June 1997. Relevant Local Plan Policies are:

- E20 & E21 – New Development
- E40 – Crime and Vandalism
- H7, H12, H13, H14, H15, H17, H20 & H32 – Housing
- B2 - Land Allocations for Business and Industry
- B14 - Development for Non-Business Uses in Business Areas National Government Guidance

2.4. The following Government guidance is relevant:

PPG1 – General Policy & Principles PPG3 – Housing PPG13 – Transport PPG24 – Planning & Noise PPG25 - Development and Flood Risk

Other Material Considerations

2.5. The Borough Council Supplementary Planning Guidance (SPG) Securing Enhanced Levels of Public Transport in Association with new development (adopted Feb 1999) and Development and Flooding (adopted Feb 2000) are also relevant, as is the Northamptonshire Local Transport Plan.

3. Representations & Consultations

3.1. Environmental & Health Manager (NBC) – concern is expressed about the suitability of the site for residential use particularly regarding traffic noise from Kettering Road North, the two business operating to the western boundary and the 24 hour a day factory to the northern boundary. The applicant should be requested to demonstrate how a satisfactory internal noise climate can be achieved. Details of site contamination investigation should also be submitted.

3.2. Architectural Liaison Officer, Northants Police – comments on detailed aspects of the development including boundary treatment and the safety / security in the proposed parking courtyards and rear garden access.

3.3. Environment Agency – objects to the proposal on the basis that no technical information or flood risk assessment was provided with the application. In the event that the application is approved it has requested the imposition of conditions to prevent pollution of the water environment.

3.4. Northamptonshire County Council, Historic Environment Team - confirm that the proposed development will not have a significant impact on known or predicted archaeological features.

3.5. Letters of objection have been received from the occupants of nos. 6, 11, 18, and 22 Chartwell Avenue and 558 Kettering Road North which raise concerns regarding:

- Over-development of the site;
- Traffic, congestion and highway safety;
- Infrastructure (e.g. drainage capacity);
- The loss of trees;
- Three storey buildings fronting Kettering Road North being out of character with the existing character of the area;
- Traffic / general additional noise;
- Comprehensive redevelopment with nearby / neighbouring land; and
- Loss of privacy and overlooking. 3.6. **Boothville Community Council** - wrote to the Council following a meeting at which local residents raised objections and concerns regarding:
- Access and traffic congestion;
- The adequacy and frequency of existing public transportation;
- The types of property proposed (especially the height and proximity of the building proposed closest to nos. 573 and 575 Kettering Road North);
- Implications for existing schools and medical facilities; and
- The precedent for future development.

3.7. **Cooch Brothers (Northampton) Ltd** - as freeholders of the Travis Perkins site and vacant land to the south they are concerned about a potential residential development on land zoned for industrial use adjacent to business uses. It is requested that any planning permission be subject to a condition requiring the provision of an acoustic fence / screen planting along the boundary between the properties. It is also requested that the proposed development does not make use of the existing access, which serves Cooch Brothers' land.

3.8. **Travis Perkins** - have no objection in principle but raise concerns regarding traffic and nuisance that its use may cause to future residents.

3.9. **Kappa Corrigated UK Ltd** - raise no objection in principle to the proposals but point out that its factory is a 24 hours a day, 7 days a week operation and a certain amount of noise is generated at all hours of the day and night. With reference to this, it adds that it does not expect to hear from new residents complaining about noise.

4. **Observations**

4.1. The site is identified as part of an Existing Business Area in the Local Plan. Local Plan Policy B2 states that planning permission will be granted for business, general industrial and storage uses in such areas. Policy B14 states that non-business use will only be permitted these areas if they would lead to significant benefit to the local community and would lead to substantial employment opportunities. Officers feel that the proposed development would result in neither the benefits nor the opportunities identified in Policy B14. The proposal is therefore contrary to adopted Development Plan Policy.

4.2. The Borough Council is currently in the process of reviewing its Local Plan inline with the recent changes to the development planning system. Until the review is complete it would be premature to allow alternative use of this established business area. However, it is should be noted that at this stage of the Local Plan review process, it is intended that the site and the surrounding business land be retained for business use. It is considered that the area is highly accessible and offers prime frontage accommodation that would be attractive to a range of business uses. It is also close to residential areas offering access to the local labour market. The site presents an opportunity for future business redevelopment. Moreover, the site was not identified in the Council's 2003 Housing Urban Capacity Study. Notwithstanding the contents of PPG3, for these reasons, officers consider that the site should be retained for business purposes.

4.3. Council officers met with the applicants on 11 February 2004. Officers advised the applicants of the above and reminded them that the Assistant Head of Planning (Development Control) had written to the them on 12 August 2003 advising them of this in response to a pre-application submission. During this meeting officers also identified a number of other concerns they have over the proposed development regarding matters including noise / residential amenity, flood risk and the objection raised by the Environment Agency; concerns raised by Council highway engineers over the proposed layout; public transportation; and the provision of amenity space. 4.4. Officers advised the applicant of the Council’s Environmental Health Manager concerns regarding the potential affect of noise from the surround business uses and nearby highway traffic on the amenities of the future occupants of the proposed dwellings. Given the nature and proximity of these uses to the site, officers have strong reservations over whether adequate attenuation of noise could be incorporated into the scheme to ensure an appropriate standard of amenity for future occupants of the proposed dwellings.

4.5. The Environment Agency (EA) has objected to the proposed development on the basis that the applicant has not provided any technical information or a flood risk assessment. It is acknowledged that the applicant may be able to overcome this objection from the EA. However, bearing in mind the other recommended refusal reasons and the precautionary approach promoted in PPG25, it is recommended that the application be refused on the basis that it has not been demonstrated that the development would not increase the risk of flooding to people and property.

4.6. Officers have reservations over the proposed site layout. Council highway engineers have raised a number of detailed concerns regarding the site layout, which have been brought the applicants attention. Officers have also advised that there is a very significant under-provision of amenity space proposed, in terms of both quantity and quality. This is particularly important bearing in mind the amount of apartments proposed and the site’s distance from public amenity space. At the time of drafting the report the applicant had not addressed these points.

4.7. The Northamptonshire Local Transport Plan, the Council's Public Transport SPG, Development Plan policy and Government Guidance all promote the use of transport other than the private car. The site is presently served by comparatively frequent daytime bus services. However, there are no existing evening (i.e. after 1800 hours) or Sunday bus services. Given the type and size of development proposed, officers consider that the developer’s proposals should also include the provision of additional public transport services beyond the existing weekday / daytime services.

4.8. In the event that planning permission were to be granted for the proposed development, officers would also expect to see the provision of affordable housing at a rate of 22% in accordance with the Council's adopted SPG to be secured by legal agreement. The planning statement submitted with the application indicates the applicants' willingness to enter into such an agreement.

5. **Sustainability Implications**

5.1. As set out in the report.

6. **Background Papers**

   (Local Government (Access to Information) Act 1985)

6.1. N/2003/1660.